Archive of LSCR Articles
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| CONTRACTS
| | 1. | Court reverses summary judgment for defendants and allows extrinsic evidence as to whether plaintiff released them in settlement agreement.
Kerry Maggio v. James Parker, 2017-CC-1112 (La. 06/27/18) [20 pp.]
From LSCR Volume 26, Issue 6
In January 2015 plaintiff was injured in an automobile accident when his vehicle was
struck by a vehicle being operated by James Parker. Mr. Parker was an emp... view full summary | | INSURANCE
| | 2. | Erroneous payment by insurer in prior, separate claim did not result in waiver of defense in later claim.
Brandon Forvendel v. State Farm Mutual Automobile Ins. Co., 2017-C-2074 (La. 06/27/18) [9 pp.]
From LSCR Volume 26, Issue 6
While driving his own car in 2013, plaintiff was injured in a multi-vehicle accident. His
uninsured motorist carrier was State Farm. At the time of ... view full summary | | MEDICAL MALPRACTICE
| | 3. | Conflict of interest by review panel member did not justify automatic exclusion of panel opinion.
Richard Sanderson v. Tulane University Hospital & Clinic, 2018-CC-0588 (La. 06/15/18) [4 pp.]
From LSCR Volume 26, Issue 6
Following proceedings before the Louisiana Medical Review Panel, plaintiff brought this
medical malpractice suit. In the district court, plaintiff moved to strik... view full summary | | TORTS
| | 4. | State not entitled to summary judgment in case involving injury on waterway at unlit bridge.
Jennifer Elizabeth Lee v. Pearl River Basin Land & Development Co., LLC, 2018-CC-0355 (La. 06/25/18) [2 pp.]
From LSCR Volume 26, Issue 6
Craig Allen Lee was operating his vessel at about 2:30 a.m. on a waterway in St. Tammany
Parish known as the "pump slough" when he struck his head on an unlit bridge. Lee ... view full summary | | STATE AND LOCAL GOVERNMENT
| | 5. | Court rules in favor of St. Tammany D.A. in his challenge to independent legal department for parish council and president.
Warren Montgomery v. St. Tammany Parish Government, 2017-C-1811 (La. 06/27/18) [20 pp.]
From LSCR Volume 26, Issue 6
In April 2016 plaintiff, as District Attorney for St. Tammany Parish, filed suit against the
Parish through the parish council and parish president, ... view full summary | | TAXATION
| | 6. | City of New Orleans could lawfully impose gallonage tax on dealers of alcoholic beverages.
Beer Industry League of Louisiana v. The City of New Orleans, 2018-CA-0280 c/w 2018-CA-0285 (La. 06/27/18) [20 pp.]
From LSCR Volume 26, Issue 6
In November 2016 the New Orleans City Council passed an ordinance to "amend and
reordain Sections 10-501, 10-502, and 10-511 of the New Orleans Municipal Code... view full summary | | CRIMINAL
| | 7. | Court reinstates maximum sentence for first-time felony offender convicted of indecent behavior with a juvenile.
State v. Fahim Shaikh, 2017-K-2178 (La. 06/15/18) [2 pp.]
From LSCR Volume 26, Issue 6
In April 2014 thirteen-year-old AG ran away from home while her mother was out. She
headed to a friend's house on foot and was walking along the ... view full summary | | 8. | Indigent defendant's request for expert funding in connection with Miller/Montgomery hearing should not have been heard ex parte.
State v. Warren Harris, 2018-KP-0686 (La. 06/15/18) [6 pp.]
From LSCR Volume 26, Issue 6
Defendant was serving a life sentence without parole eligibility for a crime that he
committed as a juvenile. He sought parole eligibility pursuant to Montgom... view full summary | | BAR / DISCIPLINARY / ETHICS
| | 9. | Attorney suspended for assisting his paralegal in the unauthorized practice of law.
In re: Lionel Lon Burns, 2017-B-2153 (La. 05/0 1/18) [14 pp.]
From LSCR Volume 26, Issue 5
Exercising its original jurisdiction over bar disciplinary matters pursuant to La. Const. art. V, Section 5(B), the Court suspended respondent from the practice of law for o... view full summary | | 10. | Attorney disbarred after multiple arrests and failure to cooperate.
In re: Debra L. Cassibry, 2017-B-2045 (La. 05/01/18) [14 pp.]
From LSCR Volume 26, Issue 5
Exercising its original jurisdiction over bar disciplinary matters pursuant to La. Const. art. V, Section 5(B), the Court disbarred respondent, an attorney admitted... view full summary | | 11. | Attorney disbarred for conversion of settlement funds due medical provider.
In re: John Morris Dunn, III, 2018-B-0340 (La. 05/11/18) [13 pp.]
From LSCR Volume 26, Issue 5
Exercising its original jurisdiction over bar disciplinary matters pursuant to La. Const. art. V, Section 5(B), the Court disbarred respondent, an attorney admitted... view full summary | | SUCCESSIONS
| | 12. | Revocation clause in absolutely null testament did not revoke prior testaments, despite being in form of authentic act.
Succession of Charles George Harlan, 2017-C-1132 (La. 05/01/18) [16 pp.]
From LSCR Volume 26, Issue 5
The decedent, Charles Harlan, died in November 2015 and was survived by his second wife,
Xiaoping Harlan, and four adult children from his first marriage. In litigation ov... view full summary |
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